This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

3011 

Vol. 76, No. 12 

Wednesday, January 19, 2011 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0088] 

Black Stem Rust; Additions of RustResistant Varieties 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: On September 8, 2010, the 

Animal and Plant Health Inspection 

Service published a direct final rule. 

The direct final rule notified the public 

of our intention to amend the black stem 

rust quarantine and regulations by 

adding four varieties to the list of rustresistant Berberis species or cultivars. 

We did not receive any written adverse 

comments or written notice of intent to 

submit adverse comments in response to 

the direct final rule. 

DATES: Effective Date: The effective date 

of the direct final rule published 

September 8, 2010, at 75 FR 54461, is 

confirmed as November 8, 2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Prakash K. Hebbar, National Program 

Manager, Black Stem/Barberry Rust 

Program, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737–1231; 

(301) 734–5717. 

SUPPLEMENTARY INFORMATION: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75– 

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

Done in Washington, DC, this 12th day of 

January 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–982 Filed 1–18–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0354, Airspace 

Docket No. 10–AAL–10] 

Establishment of Class E Airspace; 

Port Clarence, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; delay of effective 

date, correction. 

SUMMARY: This action changes the 

effective date for the establishment of 

Class E airspace at Port Clarence Coast 

Guard Station (CGS) Airport, Port 

Clarence, AK. The charting of this 

airspace has been delayed; therefore the 

effective date of the establishment of the 

Class E airspace area also must be 

delayed. A minor correction to a 

geographic coordinate also will be 

made. 

DATES: This correction is effective 0901 

UTC, May 5, 2011, and the effective date 

of FR Doc. 2010–25479, published on 

October 12, 2010 (75 FR 62457) and 

corrected by FR Doc. 2010–32293, 

published on December 27, 2010 (75 FR 

62457) is delayed to 0901 UTC, May 5. 

2011. 

The Director of the Federal Register 

approves this incorporation by reference 

action under title 1, Code of Federal 

Regulations, part 51, subject to the 

annual revision of FAA Order 7400.9 

and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Martha Dunn, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513– 

7587; telephone number (907) 271– 

5898; fax: (907) 271–2850; e-mail: 

Martha.ctr.Dunn@faa.gov. Internet 

address: http://www.faa.gov/about/ 

office_org/headquarters_offices/

ato.service_units/systemops/fs/alaskan/ 

rulemaking/. 

SUPPLEMENTARY INFORMATION: 

History 

Federal Register Document FAA– 

2010–0354, Airspace Docket No. 10– 

AAL–10, published on Monday, 

December 27, 2010 [75 FR 81110] makes 

a correction to the boundary description 

that establishes Class E airspace at Port 

Clarence CGS Airport, Port Clarence, 

AK. Subsequent to publication, the 

FAA’s Aeronautical Products office 

stated that more time was needed to 

chart the airspace. Therefore, this action 

will delay the effective date of January 

13, 2011, to May 5, 2011, to allow better 

coordination for the charting of this 

airspace. An error also was discovered 

in the regulatory text for a latitudinal 

coordinate. This action corrects this 

error. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Because this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart 1, section 40103, 

Sovereignty and use of airspace. Under 

that section, the FAA is charged with 

prescribing regulations to ensure the 

safe and efficient use of the navigable 

airspace. This regulation is within the 

scope of that authority because it creates 

Class E airspace sufficient in size to 

contain aircraft executing instrument 

procedures for the Port Clarence CGS 

Airport and represents the FAA’s 


erowe on DSK5CLS3C1PROD with RULES
3012 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Rules and Regulations 

continuing effort to safely and 

efficiently use the navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

PART 71—[AMENDED] 

Delay of Effective Date 

■ The effective date on Airspace Docket 

No. 10–AAL–10, published on October 

12, 2010 (75 FR 62457) and corrected on 

December 27, 2010 (75 FR 62457) is 

hereby delayed from January 13, 2011, 

to May 5, 2011. 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

Correction to Final Rule 

■ Accordingly, pursuant to the authority 

delegated to me, the Class E airspace 

legal description for Port Clarence CGS 

Airport, published in the Federal 

Register, December 27, 2010 (75 FR 

81110), FR Doc. 2010–32293, page 

81110, column 3, line 14, is corrected as 

follows: 

§ 71.1 [Corrected] 

* * * * * 

AAL AK E5 Port Clarence, AK 

[Corrected] 

By removing ‘‘lat. 60°00′00′′ N., Long. 

168°58′23′′ W., and substituting 

‘‘65°00′00′′ N., 168°58′23′′ W. 

Issued in Washington, DC, on January 12, 

2011. 

Edith V. Parish, 

Manager, Airspace, Regulations and ATC 

Procedures Group. 

[FR Doc. 2011–944 Filed 1–13–11; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 11–03] 

RIN 1515–AD72 

Extension of Import Restrictions 

Imposed on Archaeological Material 

Originating in Italy and Representing 

the Pre-Classical, Classical, and 

Imperial Roman Periods 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends 

Customs and Border Protection (CBP) 

regulations to reflect the extension of 

import restrictions imposed on certain 

archaeological material originating in 

Italy and representing the pre-Classical, 

Classical, and Imperial Roman periods 

of its cultural heritage, ranging in date 

from approximately the 9th century B.C. 

through approximately the 4th century 

A.D. The restrictions, which were 

originally imposed by Treasury Decision 

(T.D.) 01–06 and extended by CBP 

Decision (Dec.) 06–01, are due to expire 

on January 19, 2011. The Assistant 

Secretary for Educational and Cultural 

Affairs, United States Department of 

State, has determined that factors 

continue to warrant the imposition of 

import restrictions. Accordingly, these 

import restrictions will remain in effect 

for an additional 5 years, and the CBP 

regulations are being amended to reflect 

this extension until January 19, 2016. 

These restrictions are being extended 

pursuant to determinations of the 

United States Department of State made 

under the terms of the Convention on 

Cultural Property Implementation Act 

that implemented the United Nations 

Educational, Scientific and Cultural 

Organization (UNESCO) Convention on 

the Means of Prohibiting and Preventing 

the Illicit Import, Export and Transfer of 

Ownership of Cultural Property. This 

document also contains the Designated 

List of archaeological material of Italy 

that describes the articles to which the 

restrictions apply. Note that the 

Designated List has been amended to 

include ‘‘Coins of Italian Types’’ under 

the category entitled ‘‘Metal.’’ 

DATES: Effective Date: January 19, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, Charles Steuart, Chief, 

Intellectual Property Rights and 

Restricted Merchandise Branch, 

Regulations and Rulings, Office of 

International Trade, (202) 325–0020; for 

operational aspects, Michael Craig, 

Chief, Interagency Requirements 

Branch, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6558. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to the provisions of the 1970 

United Nations Educational, Scientific 

and Cultural Organization (UNESCO) 

Convention, codified into U.S. law as 

the Convention on Cultural Property 

Implementation Act (Pub. L. 97–446, 19 

U.S.C. 2601 et seq.), the United States 

entered into a bilateral agreement with 

Italy on January 19, 2001, concerning 

the imposition of import restrictions on 

archeological material originating in 

Italy and representing the pre-Classical, 

Classical, and Imperial Roman periods. 

On January 23, 2001, the former United 

States Customs Service (now U.S. 

Customs and Border Protection (CBP)) 

published T.D. 01–06 in the Federal 

Register (66 FR 7399), which amended 

19 CFR 12.104g(a) to indicate the 

imposition of these restrictions and 

included a list designating the types of 

archaeological material covered by the 

restrictions. 

Import restrictions listed in 19 CFR 

12.104g(a) are ‘‘effective for no more 

than five years beginning on the date on 

which the agreement enters into force 

with respect to the United States. This 

period can be extended for additional 

periods not to exceed five years if it is 

determined that the factors which 

justified the initial agreement still 

pertain and no cause for suspension of 

the agreement exists’’ (19 CFR 

12.104g(a)). On January 19, 2006, CBP 

published CBP Dec. 06–01 in the 

Federal Register (71 FR 3000) which 

amended 19 CFR 12.104g(a) to reflect 

the extension for an additional period of 

5 years. 

By diplomatic note dated December 

18, 2009, the Government of Italy 

requested an extension of the 

Agreement. On October 28, 2010, after 

the Department of State proposed to 

extend the Agreement and reviewed the 

findings and recommendations of the 

Cultural Property Advisory Committee, 

the Assistant Secretary for Educational 

and Cultural Affairs, United States 

Department of State, determined that 

the cultural heritage of Italy continues 

to be in jeopardy from pillage of 

archaeological material representing the 

pre-Classical, Classical, and Imperial 

Roman periods and made the necessary 

determinations to extend the import 

restrictions for an additional five years. 

Diplomatic notes have been exchanged 

on January 11, 2011, reflecting the 

extension of those restrictions for an 

additional five-year period. In addition 

to all the previously protected cultural 

material, import restrictions are also 

being imposed on a new subcategory of 

objects (coins). Accordingly, CBP is 

amending 19 CFR 12.104g(a) to reflect 

this extension of the import restrictions 

on the currently protected cultural 

property and the new subcategory of 

cultural property. 

The Designated List of articles that are 

protected pursuant to the bilateral 

agreement, as extended, has been 

revised and set forth below. We note 

that, pursuant to 19 U.S.C. 2604, the 

category entitled ‘‘Metal’’ has been 

amended to include the subcategory 


erowe on DSK5CLS3C1PROD with RULES